Judge's decision effectively ends VTA strike

SAN JOSE, Calif. - A judge's decision in court on Wednesday will effectively end a transit strike that has been affecting the Silicon Valley Transportation Authority for more than three weeks. 

What we know:

While the order means the strike must end immediately, VTA officials said bus service will resume on Friday with light rail service being phased in after tracks are inspected. This could take days. 

A Day in Court 

Superior Court Judge Daniel Nishigaya listened to more than an hour's worth of oral arguments. 

This week, the Santa Clara County Superior Court ordered the Amalgamated Transit Union (ATU) Local 265 to appear in court today to justify to the court why they should not order an end to the strike. 

Lawyers representing VTA filed a lawsuit saying the union was breaking their contract. 

According to VTA officials, the hearing addressed what they call the union's breach of contract that resulted in 1,500 frontline workers walking off the job on March 10. The strike lasted for 17 days.

In a news release, VTA said the union agreed to a "no strike" clause because the services they provide the public are considered essential. They said the contract also specifies the no-strike provision is still in effect during a period of negotiations. 

An attorney for ATU said this argument had no merit. 

"VTA awaits the court’s decision on injunctive relief and remains optimistic about reaching a resolution that eliminates the disruption to public transportation," transit officials said ahead of the judge's order. 

Numerous issues had been reduced to pay raises with VTA offering an 11% pay raise while the union sought 18%. Arbitration for grievances and disciplinary action were also sticking points in the negotiations. 

The rift between the negotiating parties widened over the weekend. Transit workers on Monday rejected VTA's latest proposal. 

Mayor weighs in 

What they're saying:

"The latest rejection from ATU of what I think is a very reasonable and generous offer from VTA concerns me," San Jose Mayor Matt Mahan said on Wednesday. "We're at the point now where we're talking about sacrificing the future of transit in our county. The needs of our riders, who are overwhelmingly students and people with low incomes who have no alternatives. It's deeply concerning to me."

In courtroom arguments, ATU said the old contract ended, pointing to VTA's announcements on its own website and as such the no-strike clause was not in effect. 

VTA countered the act of negotiating means the no-strike provision is enforceable.  

Judge Nishigaya ultimately sided with VTA and that harm was being done to roughly 100,000 daily riders. 

"We disagree with the judge," said ATU Local 265 President Raj Singh. "You know this is the second time that we've been in this position where we believe that the justice system and the court has failed us. We'll determine what happens tomorrow. We believe that the judge got this wrong. At the end of the day, the workers lost today."

"What the judge's ruling means is that VTA workers need to come back to work immediately. The injunction is effective immediately," said Stacey Hendler Ross, a VTA spokesperson. 

The transit agency had previously said it would be upwards of 48 hours for workers to check all lines to make sure everything is secure. VTA officials said they met at their headquarters to decide when they could get the system back up and running. 

"VTA will be figuring out over the next few hours exactly when service will get back on the streets," said Ross. "There are tens of thousands of people who have suffered because of this strike and we are appreciative of this ruling so that our employees can get back to work. They've been two weeks without paychecks and tens of thousands of people have been two weeks without public transportation." 

Union members who had been on the picket line near First and Younger Streets in San Jose said they were not happy with the decision.

"We were hoping to stay as long as we could so we could negotiate a good contract. We were willing to stay as long as it took, but obviously the judge ordered us to go back to work, siding with VTA. It is what it is," said Jose Salas, an ATU Local 265 member. 

Local perspective:

"I think this returns us to a very bleak history in labor relations when employers would seek injunctions and courts would break a strike. That results in tipping the balance towards the employer because it imposes a contract on the workers that they have not approved. It forces the workers to work and denies them their ability to use their right to take concerted action, including strikes," said Dr. Robert Ovetz, a San Jose State University labor relations expert. 

ATU can appeal the order and seek an emergency stay. In the meantime, the strike cannot continue per the judge's ruling. It also remains to be seen if the union will try to defy the court order, but by late evening, workers we spoke with said they plan on returning to work. 

Passengers like Abi Romero, of San Jose, say he’s glad that he won’t need to use a rideshare company for much longer.

"VTA is amazing. The bus and the light rail. I’ve been using them for 10 years and I have no complaints whatsoever, so I was kind of heartbroken," said Romero. 

Ross also said the $5 Uber vouchers are still available on Thursday.

KTVU's Ann Rubin contributed to this story. 

 

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